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Now is the time to establish the frame for the fights ahead over the composition of the Supreme Court. The Republicans understand that. That's why they are threatening to filibuster Dawn Johnsen to head the Office of Legal Counsel at the Justice Department,.

In any other era this would have been a routine appointment. The Party of No is trying to establish the idea that President Obama nominates liberals outside the mainstream in order to push him to be cautious in his appointments and to be ready to defeat a nomination that they find particularly offensive.

Here are a few things to consider in the weeks ahead: * It's crucial to remind people of the kind of nominees Republican senators have supported for the past eight years, and how-- in critical cases --those judges have consistently favored those at the top--the elite and the most privileged. We need justice for all.

* Obama should choose judges who will be leaders and leave a legacy in terms of standing up for constitutional rights and the law. He should use his bully pulpit to build public support, instead of just negotiating with the Republicans.

* The Democrats have a responsibility in the Senate to step up and use their majority status in smart, effective and humane ways.

* It's time to return to the longstanding American tradition of selecting nominees from a variety of walks of life---think of the storied history of that tradition--- and not just select judges from the lower courts,

* Do not lose sight of the hypocrisy of Republicans who were against filibusters of nominees before and now are for them. Talk about Supreme Flip Floppers.

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